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P. Simmons, Lawyer

Category: Criminal Law

Satisfied Customers: 27869

Experience: 16 yrs. of experience including criminal law.

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I am not sure who i can talk to about this as it is not my

Resolved Question:

I am not sure who i can talk to about this as it is not my case. someone dear to me made a mistake and stole some medications from his employer. he has a prescription for pain pills but has been taking it for years and his body got used to it and it no longer was helping the pain. he has worked with this company for 17 years. He has checked himself into a detox and will be going through rehab. His wife called his employer and they informed her that he was fired. is there any law or anything in UTAH law that can protect him from criminal charges ? His employer says that by handbook they have to send it over to city police department to finalize investigation and determine what will happen next. He is the sole provider in the home and has himself and 4 other dependants living with him. i dont know what they are going to do and i am looking to find someone who has heard of any case like this in the past that was handled. IF the charges are pressed is there any way that after some time they can get the charges expunged off there record ? Would you know if the state would assist in any help for the family while this is being handled ?

Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

psimmons :

can you tell me, the theft of the medications was from the employer?

psimmons :

and has the employer made the report to law enforcement?

JACUSTOMER-5ke1fhun- :

The theft of medications was from his employer. he lied at first and is actually the one who reported medications missing ?!!! then after being interrogated he confessed to taking them. Since its a city job they have already reported it to law enforcement as they were the ones doing the interrogation.

psimmons :

Thank you...you say he lied at first...to the employer?

psimmons :

And did he later confess to the employer?

psimmons :

how much drugs? What amount? A few pills or hundreds of pills

psimmons :

was this for himself only?

JACUSTOMER-5ke1fhun- :

yes he lied to the employer and the police and then was drug tested. the drug test didnt prove anything because he is on medications prescribed to him by a dr but they kept interegatiing him and he confessed both to employer and police

JACUSTOMER-5ke1fhun- :

the stolen medications was only for himself . he has cronic pain in his back and sholders from previous work . i thought it was from current work but i found out today its from the steel work he used to do

JACUSTOMER-5ke1fhun- :

they were shots and it has been happening for three months

JACUSTOMER-5ke1fhun- :

i dont know how many shots he was taking ?

psimmons :

Thank you

JACUSTOMER-5ke1fhun- :

prob one shot in the leg every other day as that is his shift ?

psimmons :

Thank you...is he now in treatment for this addiction?

JACUSTOMER-5ke1fhun- :

yes he chose to go to LDS hosptial last night and check himself in. his wife called the employer and informed them that he went willing to get help . they told her sorry he has been fired and we will let you know what if any criminal charges are being held against him . police are looking into it now

psimmons :

Thank you

psimmons :

The first issue will be with the charges...that is, if the state prosecute the case.

psimmons :

it would be a good idea if your friend NOT talk to anyone about this, certainly not the police, unless or until he has an attorney to represent him.

psimmons :

the police will not help him in this

psimmons :

they are focused on a conviction

psimmons :

nothing else

psimmons :

As for how this can resolve...can you tell me, does this fellow have any prior convictions?

psimmons :

DUI?

psimmons :

anything like that?

JACUSTOMER-5ke1fhun- :

no

JACUSTOMER-5ke1fhun- :

no other convictions ever

psimmons :

That is a good thing.

psimmons :

that will help his case more than anything I suspect

psimmons :

The fact this is an addiction will also help...more so if he can complete treatment

psimmons :

SO yes, it may be possible to negotiate a deal with the prosecutor to have this resolved so there is no conviction

psimmons :

or at least to reduce if not eliminate jail time all together.

psimmons :

That should be easy for the lawyer to do

psimmons :

the job is more difficult.

psimmons :

The employer can fire him "for cause"

psimmons :

if he stole from the employer, that is grounds to fire.

JACUSTOMER-5ke1fhun- :

will this keep him from that profession elsewhere for ever ?

psimmons :

Not if he can get a deferred adjudication...

psimmons :

that would mean he was never convicted.

psimmons :

and heck, this has not even been charged yet

psimmons :

so I think there is a good chance he can recover from this

psimmons :

if he can complete treatment

psimmons :

and stay out of trouble

JACUSTOMER-5ke1fhun- :

i hope so. he is a good person i hate to see my whole family fall apart because of one really really bad choice

JACUSTOMER-5ke1fhun- :

so i should start to contact criminal law lawyers ?

psimmons :

The key at this point is to finish treatment successfully.

psimmons :

if he does that, he sets himself up to best defend any criminal charges

JACUSTOMER-5ke1fhun- :

or is there addiction lawyer that may work better

psimmons :

Perhaps...(criminal lawyers)

JACUSTOMER-5ke1fhun- :

ok

psimmons :

but I would not hire anyone yet

psimmons :

since there are not yet charges.

psimmons :

Again, it MAY be there are never charges...that would be a good thing for him

JACUSTOMER-5ke1fhun- :

i fear in his position they will not allow it to slide

psimmons :

If there is an investigation, he really would want a lawyer before he talks to police.

JACUSTOMER-5ke1fhun- :

how come they didnt give him an attorney when interigating him ?

psimmons :

but if they contact him, he can tell the police that he is looking for a lawyer and that he will wait to give a statement

psimmons :

WHO interrogated him? THe police of the company?

JACUSTOMER-5ke1fhun- :

the police

JACUSTOMER-5ke1fhun- :

sandy police to be more specific

JACUSTOMER-5ke1fhun- :

the company sent him to sandy city police dpt. to talk and they interrogated him there . that when he lied but finally confessed. will his confession hurt him

psimmons :

Sorry, I missed that...i was not aware the police has questioned him.

psimmons :

did they arrest him or just question him

JACUSTOMER-5ke1fhun- :

just question

psimmons :

Yea, that is an issue

psimmons :

did they "read his rights"?

psimmons :

before they interrogated him?

JACUSTOMER-5ke1fhun- :

no arrest was made

psimmons :

Yes, but did they read his rights prior to the interrogation?

JACUSTOMER-5ke1fhun- :

i dont know if they did read his rights. they ,may have assumed that he knows them because of his job >?/

psimmons :

OK, that may be an issue

JACUSTOMER-5ke1fhun- :

i just dont see him not excepting a lawyer if they offered it to him ?

psimmons :

if he was in a custodial setting and they did not read his rights, it may be he can have any statement made surpressed.

psimmons :

suppressed

JACUSTOMER-5ke1fhun- :

unless he was on the meds and it messed with his judgments?

psimmons :

They do not have to give him a lawyer

JACUSTOMER-5ke1fhun- :

oh

psimmons :

but they have to tell him he has the right to remain silent

psimmons :

if he is in a custodial setting

JACUSTOMER-5ke1fhun- :

ill ask his wife if she knows ....

psimmons :

This is a very complex area of the law...but if he is charged, his lawyer can help him through it

psimmons :

it MAY be he can have his confession tossed out.

JACUSTOMER-5ke1fhun- :

=( i hope so ... so i should talk to a lawyer about his confession being tossed out or if it was in a custodial setting suppressed?

JACUSTOMER-5ke1fhun- :

and tell them everything i told you and any further info i find out yes ?

JACUSTOMER-5ke1fhun- :

any advice on anything else that may help his case or i should tell the lawyer ?

psimmons :

Should start talking to lawyers now...to find someone who can help if he is charged

psimmons :

if he has a "confession" then I suspect there will be charges at some point

psimmons :

The lawyer should be one with plenty of experience in criminal law

JACUSTOMER-5ke1fhun- :

i truly appreciate all of your help in this .

psimmons :

that is the key now...to get past the felony charges

JACUSTOMER-5ke1fhun- :

OMG its a felony charge ?!

psimmons :

If he can have the charges reduced to misdemeanor charges...or perhaps tossed out in a plea bargain, that would be a win

psimmons :

so you want a lawyer with experience

psimmons :

yes...this IS a felony...no doubt

JACUSTOMER-5ke1fhun- :

with misdemeanor charges are they able to be expunged in the future ?

psimmons :

but it can be pled down to a misdemeanor

psimmons :

that is certainly possible.

psimmons :

In fact I would expect it

JACUSTOMER-5ke1fhun- :

even though it was medications ?

JACUSTOMER-5ke1fhun- :

ok. i appreciate all your help. ill start looking for lawyers ... know of any good criminal lawyers in UTah ?

psimmons :

yea, expungment is possible

psimmons :

but that depends on how it plays out in court...what charges remain after the negotiations are over

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